What is the difference between a personal injury claim and a lawsuit?

A personal injury claim and a lawsuit are both legal options available to someone who has been injured in a negligent accident. The main difference between a personal injury claim and a lawsuit is the level of official court proceedings. In a personal injury claim, a claimant (the injured person) can make a formal demand for compensation from the responsible party, often through their insurance company, without initiating a court case. Negotiations between the claimant and the other party take place in an attempt to reach a settlement outside of court—a negotiated compensation amount that both parties agree is fair. In contrast, a lawsuit begins a more formal process of adjudication. The injured person (plaintiff) files a lawsuit in civil court and the other party (defendant) must respond to the complaint. The case is then heard by a judge, who makes a decision about the outcome of the case, often in the form of a monetary award to the plaintiff. The defendant may also be required to take specific action, such as repairing property or making changes to policies. Both options involve a negotiation process, with the added possibility of an official court case in a lawsuit. The choice of which option to pursue is ultimately up to the injured person, taking into account the specifics of the situation and the potential benefits of each option. In Virginia, both personal injury claims and lawsuits must be filed within two years of the date of the accident or injury.

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What is the difference between a personal injury claim and a lawsuit?

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